Referred to Committee on

Statement of purpose: This bill proposes to ban the
manufacture, sale, distribution, or use of products containing certain flame
retardants.

AN ACT RELATING TO THE SALE OR DISTRIBUTION OF BROMINATED
FLAME RETARDANTS

It is hereby enacted by the General Assembly of the State of
Vermont:

Sec. 1. 10 V.S.A. chapter 165 is added to read:

CHAPTER 165.
FLAME RETARDANTS

§ 7201. DEFINITIONS

As used in this chapter:

(1) “Brominated flame
retardant” means any chemical containing the element bromine that is added to
plastic, foam, or textile to inhibit flame formation.

(2) “DecaBDE” means
decabrominated diphenyl ether.

(3) “Flame retardant” means any
chemical that is added to a plastic, foam, or textile to inhibit flame
formation.

(4) “Manufacturer” means any
person who manufactures a final product containing a regulated brominated flame
retardant or any person whose brand name is affixed to a product containing a
regulated brominated flame retardant.

(5) “OctaBDE” means
octabrominated diphenyl ether.

(6) “PentaBDE" means
pentabrominated diphenyl ether.

§ 7202. PROHIBITION ON SALE OR DISTRIBUTION OF
BROMINATED

FLAME RETARDANTS

(a) As of July 1, 2009, a
person may not sell, offer for sale, distribute for sale, or distribute for
promotional purposes a product containing more than 0.1 percent of OctaBDE or
PentaBDE.

(b) As of July 1, 2009, a
person may not manufacture, sell, offer for sale, distribute for sale, or use either
of the following products containing DecaBDE:

(1) A mattress or mattress pad;

(2) Upholstered furniture
intended for indoor use in a home or other residential occupancy.

(c) As of July 1, 2011, a
person may not manufacture, sell, offer for sale, distribute for sale, or use a
television or computer with a plastic housing containing DecaBDE.

(d) This section does not apply
to the sale of used products. The following products that contain DecaBDE are
exempt from the requirements of subsections (b) and (c) of this section:

(1) Motor vehicles or products or
parts for use in motor vehicles or transportation equipment;

(2) Products or equipment used
in industrial or manufacturing processes; or

(3) Electronic wiring and cable
used for power transmission.

(e) As of July 1, 2009, a
manufacturer of a product containing DecaBDE, OctaBDE, or PentaBDE shall notify
persons that sell the manufacturer’s product of the requirements of this
section.

§ 7203. OUTREACH AND EDUCATION; MULTISTATE

CLEARINGHOUSE

(a) The secretary of natural
resources shall develop a program to inform and educate retailers regarding the
requirements of this section and methods for identifying products that contain
DecaBDE, OctaBDE, or PentaBDE.

(b) The secretary of natural
resources may participate in the establishment and implementation of a
regional, multistate clearinghouse to: assist in the implementation of the
requirements of this section; help coordinate education and outreach
activities; review risk assessments; review alternatives to DecaBDE, OctaBDE,
or PentaBDE; and implement other activities related to the administration of
this chapter.

§ 7204. REVIEW OF BROMINATED FLAME RETARDANTS; REPORT

TO GENERAL ASSEMBLY

The secretary of natural
resources, in consultation with the commissioner of health, shall review the
risk assessments and hazard information regarding and proposed alternatives to
the use of brominated flame retardants. Beginning January 15, 2010 and every
two years thereafter, the secretary of natural resources shall report to the
general assembly regarding the regulation of brominated flame retardants in the
state, in other states, and nationally. The report shall include recommended
additional actions to protect the public health and the environment from
brominated flame retardants.

§ 7205. CERTIFICATE OF COMPLIANCE

If the secretary of natural
resources reasonably suspects that a product containing a regulated brominated
flame retardant is being sold, offered for sale, or distributed for sale in
violation of this chapter, the secretary may request the manufacturer of the
product to provide the secretary with a certificate of compliance. Within 10
days of receipt of the request for a certificate of compliance, the
manufacturer shall:

(1) Provide the secretary with
a certificate declaring that the product complies with the requirements of this
chapter; or

(2) Notify persons that sell
the manufacturer’s product in the state that the sale of the product is
prohibited and shall submit to the secretary a list of the names and addresses
of those notified.

§ 7206. RULEMAKING

(a) The secretary may adopt
rules to implement this chapter.

(b) The secretary may adopt
rules regulating the manufacture, use, sale, or distribution of an additional
brominated flame retardant if the secretary determines that the brominated
flame retardant is harmful to public health and the environment

Sec. 2. 10 V.S.A. § 8003(a) is amended to read:

(a) The
secretary may take action under this chapter to enforce the following statutes:

(a) This
chapter shall govern all appeals of an act or decision of the secretary,
excluding enforcement actions under chapters 201 and 211 of this title and
rulemaking, under the following authorities and under the rules adopted under
those authorities: